Yes. But not to the point of hindering, in a disproportionate manner, the freedom of movement of trains or planes. Illustration by the Court of Cassation.

In 2018, demonstrators prevented the movement of trains and planes in order to raise awareness about the conditions of reception of people with disabilities in these means of transport.

The Court of Cassation has just validated the criminal sanctions imposed on these people, guilty of “obstructing the circulation of trains and aircraft” (art. L. 2242-4, 4°, of the transport code with regard to rail or guided; L. 6372-4, 4° and L. 6100-1 of this same code for airports).

The Court considers that when a criminal court must judge people prosecuted for obstructing traffic during a peaceful demonstration, it must take into account their freedoms of expression and assembly, if such an argument is put to it. presented.

To ensure that their conviction does not cause a disproportionate attack on their freedom of expression, the criminal court must, recalls the Court of Cassation, take into account:

• the context of the event;

• the existence of a direct link between the object of the protest and the methods of action chosen by the demonstrators;

• the behavior of the demonstrators;

• the extent of the disruption caused, the risks and the damage caused;

• the seriousness of the facts prosecuted;

• the behavior of the authorities before, during and after the demonstration (in particular the conditions of a possible arrest and the nature of the prosecution).

In this case, the convictions and sentences handed down are not disproportionate, considers the Court of Cassation. Certainly, she notes that:

However :

• the demonstrators were present on a railway line and along airport runways, in restricted access areas;

• this presence led to the blocking of a train as well as air traffic, causing certain harm to users and transport companies;

• the behavior of the authorities, during and after the demonstrations, was adapted (they did not resort to coercive measures);

• the demonstrators received fines handed down with total or partial suspension.

Considering all of these elements, these convictions did not cause a disproportionate attack on the freedom of expression of the demonstrators, rules the Court of Cassation.

Source :

Cass. crim., Section, January 8, 2025, appeal no. 23-80.226